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CENTRAL ADMINISTRATIVE TRIBUNAL
Mohan Pyare, A, Om Prakash, J
Pankaj Malviya – Appellant
Versus
Union of India through General Manager, N.C. Railway – Respondent
| Table of Content |
|---|
| 1. the applicant's right to fair treatment in selection processes. (Para 1 , 2) |
| 2. the burden of proof lies with the respondents in allegations of misconduct. (Para 4 , 5) |
| 3. the necessity of evidence and inquiry in adjudicatory processes. (Para 6 , 8) |
| 4. quashing of the decision mandates reconsideration under due process. (Para 9) |
ORDER
By Hon’ble Mr. Mohan Pyare, Member (A)
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:
“i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.08.2017 (Annexure-A-1) passed by respondent no.2.
ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to appoint the applicant against the recruitment on Group-D Post in view of the Advertisement No.1 of 2013 published for recruitment for Group D Post in the respondent-department, if found him pass in PET & medically fit.
iii. Issue any suitable writ order or direction, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.
iv. Award the costs of the Original Application in favour of the applicant.”
2. T
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